Hearing set for today in Lee County in Rep. Barry Moore's perjury case

MONTGOMERY, Alabama --- Lee County Circuit Judge Jacob A. Walker will conduct a hearing today in the case of Rep. Barry Moore, who is charged with perjury as part of an ongoing investigation into possible corruption in the Alabama Legislature.

Moore, a Republican from Enterprise, has denied any wrongdoing and has asked to have the case dismissed.

A special grand jury in Lee County indicted Moore on April 23 on two counts of perjury and two counts of giving false statements during his testimony before the grand jury in January.

The special grand jury has been meeting off and on since August 2013.

Moore is accused of lying to the grand jury about whether House Speaker Mike Hubbard threatened to block money for a project in Coffee County unless Moore's opponent in the Republican primary dropped out of the race, and about whether he relayed that message to his opponent, Josh Pipkin.

Moore testified that he was not aware of Hubbard making such a threat and he did not tell Pipkin about a threat.

On the recording, they talk about the possible effect of Pipkin's candidacy on the Coffee County project.

Moore's lawyers, who include former Attorney General Bill Baxley, say the recording was an illegal wiretap because Moore was not aware he was being recorded and because Moore was in Florida when the call was made. Florida requires both parties to consent to a recording. Alabama law does not require consent of both parties.

Moore lists many reasons for the court to dismiss the case in his motion to dismiss, filed on April 30, including that his testimony was "materially true."

Moore also claims the questions from prosecutor Matt Hart that formed the basis of the indictment "were compound, vague, incompetently worded, and cannot be the basis of a lawful indictment."

Attorney General Luther Strange recused himself from the special grand jury investigation last year but did not give a reason. Moore's lawyers issued a subpoena to the attorney general's office seeking documents related to the recusal and the appointment of W. Van Davis as acting attorney general in the case, as well as other prosecutors.

Baxley said the grand jury proceedings are not valid if the appointments were not properly made.